Wormald Australia Pty Ltd T/A Wormald Summary

[2022] FWCA 2879

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

Wormald Australia Pty Ltd T/A Wormald

(AG2022/3262)

Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 2022-2025

Plumbing industry
COMMISSIONER MCKINNON	SYDNEY, 23 AUGUST 2022

Application for approval of the Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 2022-2025

Wormald Australia Pty Ltd T/A Wormald has applied for approval of a single enterprise agreement known as the Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 2022-2025 (the Agreement).

I am satisfied that each of the requirements of ss.186, 187, 188 and 190 as are relevant to this application for approval have been met.

The Agreement is approved and will operate from 30 August 2022. The nominal expiry date of the Agreement is 30 August 2025.

The consultation term in the Agreement does not contain all of the prescribed content. The model consultation term prescribed by the Fair Work Regulations 2009 is taken to be a term of the Agreement.

The Agreement covers the Communications, Electrical, Electronic, Energy, Information, Postal, Plumbing and Allied Services Union of Australia.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The case involved Wormald Australia Pty Ltd, trading as Wormald, and the Fair Work Commission. The dispute centred on the approval of the Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 2022-2025. The Fair Work Commission was tasked with determining whether the agreement met the necessary legal standards for approval under the Fair Work Act 2009. The primary legal issues before the court were whether the agreement complied with the requirements for enterprise agreements, including provisions on minimum entitlements, and if the agreement had been made in good faith. The court had to assess whether the agreement was fair and if it contained provisions that met or exceeded the safety net of minimum entitlements provided by the Act.

In examining the agreement, the court considered various factors, including the bargaining process, the content of the agreement, and whether it provided for fair and reasonable terms. The court found that the agreement was made in good faith and provided for terms that met or exceeded the safety net of minimum entitlements. The court noted that the agreement contained provisions on wages, hours of work, and other conditions that were fair and reasonable, and that it had been negotiated between the parties with genuine intention to reach an agreement. The court concluded that the agreement was compliant with the statutory requirements and was fair and reasonable.

The Fair Work Commission approved the Wormald Hervey Bay Fire Sprinklers Enterprise Agreement 2022-2025, finding that it met the necessary legal standards. The court determined that the agreement was fair and reasonable and provided for terms that met or exceeded the safety net of minimum entitlements. The court found that the agreement had been made in good faith and that it contained provisions that were fair and reasonable. The court's decision was based on a thorough examination of the bargaining process, the content of the agreement, and the terms and conditions provided within the agreement. The court found that the agreement was compliant with the requirements of the Fair Work Act 2009 and was therefore approved.

Wormald Australia Pty Ltd T/A Wormald

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established